Right, I forgot to mention what happens in the case of a working contract... Sorry. (But we are not linked with a working contract and the derogative article of the intellectual property right you cite contains the very word "employees" / art. L113-9) After checking a few sources it seems though that there are many pitfalls when doing the "rights" transfer after the soft is written... I'll try to check more sources.
Regards, RB Ex: (in French below, sorry) Basically a guy sold a soft to a company before he was employed. This was restated by the judge as a use right lease for a given, limited duration. http://www.pifrance.com/rechercher.php ----- TGI Paris, 26 novembre 2002, M. Demont c/ SARL Forever Living Products 2004-12-09 Th�me : TIC Dossier : Salari� La personne physique qui c�de "en pleine propri�t�" deux logiciels con�us avant son embauche obtient la requalification de la cession en droit d'usage � dur�e d�termin�e. Le TGI rappelle le caract�re n�cessairement explicite de la cession de droits... Mots cl�s : logiciel ; progiciel ; droits d'auteur ; contrat de travail ; transaction ; droit d'usage ; exploitation ; cession des droits (non) ; atteinte au droit moral (non) ; articles L.113-9 et L.131-3 du CPI ; requalification ; cession ; gestion d'entreprise. -----Original Message----- From: Emmanuel Lecharny [mailto:[EMAIL PROTECTED] Sent: Wednesday, June 08, 2005 3:41 PM To: [email protected] Subject: RE: [Legal] Requirements for Committers On Wed, 2005-06-08 at 10:34 +0900, Renaud BECHADE wrote: > It is quite similar in French law (soft copyright law being a derivative of > usual author copyright law: "author's right belongs to the author, period; > usage right can be granted/sold/etc. but NOT the author's property"). Hi, be aware that in France, when your are working for companies, they are the Author of what you are working on during your working hours. So, either do it during your spare time, or have a signed agreement with your company which specifically name you as the Author... Cheers, Emmanuel L�charny
